Davis

This is an application for a writ of supersedeas to stay the enforcement of a preliminary injunction pending an appeal from the injunctive order. The injunction issued in an action commenced by Paramount Pictures Corporation (“Paramount”), against Bette Davis (“Davis”) in which Paramount sought to compel performance of a contract.

Under the contract, dated November 11, 1963, Davis was employed by Paramount to act, play and perform the part of “Mrs. Hayden” in the photoplay “Where Love Has Gone,” such services to be rendered for a period of “ten (10) consecutive weeks (hereinafter called the ‘minimum period’), and as much longer as the Employer may require the Artist’s services therein, commencing on December 16, 1963,” the services of Davis to be rendered exclusively for Paramount “during the term” of the agreement.

Paragraph Sixth of the contract provides, in pertinent part: “The Artist agrees to appear at the studios of the Employer ... to render the Artist’s additional services in connection with the photographing, recording, rephotographing or re-recording of parts or sequences or the making'of any retakes, transparencies, trick shots, added scenes or trailers, which may be…

I dissent. The trial court found that appellant breached her contract. For the purposes of ruling upon the petition for a writ of supersedeas, this court should recognize that finding. Under the evidence the trial court could properly find that appellant did not use her best efforts to assist in completing the picture, but on the contrary she intentionally delayed the time for performing until she was employed elsewhere. In my opinion this is not a mandatory injunction. A writ of supersedeas should not be issued.

Prinzmetal & Maizlish and Musick, Peeler & Garrett and Bruce A. Bevan, Jr., for Interveners and Appellants.

O'Melveny & Myers and Rodney E. Nelson for Plaintiff and Respondent.

FOURT, J., and LILLIE, J.

This is an application for a writ of supersedeas to stay the enforcement of a preliminary injunction pending an appeal from the injunctive order. The injunction issued in an action commenced by Paramount Pictures Corporation ("Paramount"), against Bette Davis ("Davis") in which Paramount sought to compel performance of a contract.

Under the contract, dated November 11, 1963, Davis was employed by Paramount to act, play and perform the part of "Mrs. Hayden" in the photoplay "Where Love Has Gone," such services to be rendered for a period of "ten (10) consecutive weeks (hereinafter called the 'minimum period'), and as much longer as the Employer may require the Artist's services therein, commencing on December 16, 1963," the services of Davis to be rendered exclusively for Paramount "during the term" of the agreement.

Paragraph Sixth of the contract provides, in pertinent part: "The Artist agrees to appear at the studios of the Employer ... to render the Artist's additional…